Judgment_paragraph 64 · European Union Intellectual Property Office v The KaiKai Company Jaeger Wichmann GbR (C-382/21 P)

64Furthermore, Article 4 of the Paris Convention also does not come under the two exceptional situations in which the Court has accepted that private individuals may rely directly on the provisions of the WTO Agreements before the Courts of the European Union, namely, first, the situation in which the act of the European Union at issue expressly refers to specific provisions of those agreements and, second, that in which the European Union intended to give effect to a specific obligation assumed under those agreements (see, to that effect, judgments of 22 June 1989, Fediol v Commission, 70/87, EU:C:1989:254, paragraphs 19 to 22; of 7 May 1991, Nakajima v Council, C‑69/89, EU:C:1991:186, paragraphs 29 to 31; and of 28 September 2023, Changmao Biochemical Engineering v Commission, C‑123/21 P, EU:C:2023:708, paragraphs 74 and 75).